BILL NUMBER: SB 1112	CHAPTERED  08/25/00

	CHAPTER   243
	FILED WITH SECRETARY OF STATE   AUGUST 25, 2000
	APPROVED BY GOVERNOR   AUGUST 24, 2000
	PASSED THE SENATE   AUGUST 10, 2000
	PASSED THE ASSEMBLY   JULY 6, 2000
	AMENDED IN ASSEMBLY   JUNE 15, 2000
	AMENDED IN ASSEMBLY   MAY 15, 2000
	AMENDED IN ASSEMBLY   JULY 2, 1999
	AMENDED IN SENATE   APRIL 14, 1999

INTRODUCED BY   Senator Knight
   (Coauthor:  Assembly Member Leach)

                        FEBRUARY 26, 1999

   An act to amend Sections 11102, 11102.5, 11104, 11110, and 11202.5
of the Vehicle Code, relating to vehicles.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1112, Knight.  Driver's license test:  driving schools.
   (1) Existing law authorizes the Department of Motor Vehicles,
after notice and hearing, to suspend or revoke any driving school
license if specified events occur.
   This bill would require the department, in the interest of the
public's safety, as determined by the department, to immediately
suspend the license of any licensee for any alleged violation of the
provisions governing licenses and to conduct a hearing of the alleged
violation within 30 days of the suspension.
   (2) Existing law requires driving school owners to have proper
equipment necessary to give instruction.  Existing law also requires
that driving school operators be 18 years of age or older and have
1,000 hours of actual behind-the-wheel teaching as a driving
instructor.  Existing law requires that driving school owners procure
and file with the department a bond of $2,000 executed by an
admitted surety insurer and upon certain conditions.
   This bill would require that specified equipment be placed on
training vehicles.  A violation of this provision under existing law
would be punishable as a crime, thereby imposing a state-mandated
local program by creating a new crime.  The bill would also increase
the age requirement for a driving school operator to 21 years of age
or older and increase the number of behind-the-wheel teaching hours
to 2,000 from 1,000 hours.  This bill would increase the required
bond amount to $10,000 from $2,000.
   (3) Existing law requires driving instructors, as defined, to meet
certain requirements, including being 18 years of age or older.
   The bill would increase the age requirement to 21 years of age or
older for those instructors.
   (4) Existing law requires traffic violator school operators to
meet certain requirements, including being 18 years of age or older.

   This bill would increase the age requirement to 21 years of age or
older for those operators and would add work at a licensed driving
school as a method for those operators to meet certain
qualifications.
  (5) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 11102 of the Vehicle Code is amended to read:
   11102.  (a) A driving school owner, or the principal in an
all-terrain vehicle safety training organization, shall meet all of
the following requirements:
   (1) Maintain an established place of business open to the public.
No office or place of business shall be situated within 500 feet of
any building used by the department as an office, unless the owner
was established at that location on or before January 1, 1976.
   (2) Have the proper equipment necessary to give instruction in the
operation of the class of vehicles for which the course is designed,
which shall include, but not be limited to, training vehicles
equipped with all of the following:
   (A) An additional functional foot brake affixed to the right side
of the front floor.
   (B) A rearview mirror placed on the inside of the windshield on
the right side, which is additional to the factory-installed mirror
in the center of the windshield.
   (3) Procure and file with the department a bond of ten thousand
dollars ($10,000) executed by an admitted surety insurer and
conditioned that the applicant shall not practice any fraud or make
any fraudulent representation that will cause a monetary loss to a
person taking instruction from the applicant.
   (4) Meet the requirements of Section 11105.2 and, if the person is
the owner of a driving school, meet the requirements of Section
11102.5.  If the owner is not the operator of the driving school, the
owner shall designate an operator who shall meet the requirements of
Section 11102.5.
   (5) (A) File with the department an instrument, in writing,
appointing the director as the agent of the applicant upon whom a
process may be served in any action commenced against the applicant
arising out of any claim for damages suffered by any person by the
applicant's violation of any provision of this code or any condition
of the bond.
   (B) The applicant shall stipulate in the instrument that any
process directed to the applicant, when personal service cannot be
made in this state after due diligence, may be served upon the
director or, if the director is absent from the office, upon any
employee in charge of the office of the director, in which case the
service is of the same effect as if served upon the applicant
personally.  The applicant shall further stipulate, in writing, that
the agency created by the instrument shall continue during the period
covered by the license and so long thereafter as the applicant may
be made to answer in damages for a violation of this code or any
condition of the bond.
   (C) The instrument appointing the director as agent for the
applicant for service of process shall be acknowledged by the
applicant before a notary public.
   (D) If the licensee is served with process by service upon the
director, one copy of the summons and complaint shall be left with
the director or in the director's office in Sacramento or mailed to
the office of the director in Sacramento.  A fee of five dollars ($5)
shall also be paid to the director at the time of service of the
copy of the summons and complaint.
   (E) The service on the director is a sufficient service on the
licensee if the plaintiff or the plaintiff's attorney also, on the
same day, sends notice of the service and a copy of the summons and
complaint by registered mail to the licensee.  A copy of the summons
and complaint shall also be mailed by the plaintiff or his or her
attorney to the surety of the applicant's bond at the address of the
surety given in the bond, postpaid and registered with request for
return receipt.
   (F) The director shall keep a record of all process served upon
the director under this paragraph showing the day and hour of
service, and the director shall retain the summons and complaint
served on file.
   (G) If the licensee is served with process by service thereof upon
the director, the licensee has 30 days after that service within
which to answer any complaint or other pleading filed in the cause.
For purposes of venue, if the licensee is served with process by
service upon the director, the service is deemed to have been made
upon the licensee in the county in which the licensee has or last had
the licensee's established place of business.
   (b) The qualifying requirements referred to in this section shall
be met within one year from the date of application for a license, or
a new application, examination, and a fee shall be required.
  SEC. 2.  Section 11102.5 of the Vehicle Code is amended to read:
   11102.5.  (a) A driving school operator shall meet all of the
following requirements:
   (1) Within three attempts, pass an examination that the department
requires on traffic laws, safe driving practices, operation of motor
vehicles, teaching methods and techniques, driving school statutes
and regulations, and office procedures and recordkeeping.
   (2) Pay the department a fee of one hundred dollars ($100), which
shall entitle the applicant to three examinations.
   (3) Be 21 years of age or older.
   (4) Have worked for an established licensed California driving
school as a driving instructor for a period of not less than 2,000
hours of actual behind-the-wheel teaching and, on and after July 1,
1973, have satisfactorily completed a course in the teaching of
driver education and driver training acceptable to the department,
except that the operator, including an owner who is also the
operator, of a driving school that exclusively teaches motorcycle
driving may, in lieu of the behind-the-wheel teaching requirement,
have worked for an established licensed California driving school as
a motorcycle driving instructor for not less than 300 hours of actual
motorcycle range and street teaching, have taught 300 hours of
actual motorcycle range and street instruction under the guidance of
the Motorcycle Safety Foundation, or have given comparable training
instruction that is acceptable to the department.  This paragraph
does not apply to any person who is certified by the State Department
of Education as fully qualified to teach driver education and driver
training and has taught those subjects in the public school system
for not less than 1,000 hours.
   (b) The qualifying requirements referred to in this section shall
be met within one year from the date of application for a license, or
a new application, examination, and a fee shall be required.
  SEC. 3.  Section 11104 of the Vehicle Code is amended to read:
   11104.  (a) Every person, in order to qualify as a driving
instructor, as defined in Section 310.4, shall meet all of the
following requirements:
   (1) On and after July 1, 1973, have a high school education or its
equivalent and have satisfactorily completed a course in the
teaching of driver education and driver training acceptable to the
department.
   (2) Within three attempts, pass an examination that the department
requires on traffic laws, safe driving practices, operation of motor
vehicles, and teaching methods and techniques.
   (3) Be physically able to safely operate a motor vehicle and to
train others in the operation of motor vehicles.
   (4) Hold a valid California driver's license in a class
appropriate for the type of vehicle in which instruction will be
given.
   (5) Not be on probation to the department as a negligent operator.

   (6) Have a driving record that does not have an outstanding notice
for violating a written promise to appear in court or for willfully
failing to pay a lawfully imposed fine, as provided in Section 40509.

   (7) Be 21 years of age or older.
   (b) The qualifying requirements referred to in this section shall
be met within one year from the date of application for a license, or
a new application, examination, and a fee shall be required.
  SEC. 4.  Section 11110 of the Vehicle Code is amended to read:
   11110.  (a) The department, after notice and hearing, may suspend
or revoke any license issued under this chapter if any of the
following occur:
   (1) The department finds and determines that the licensee fails to
meet the requirements to receive or hold a license under this
chapter.
   (2) The licensee fails to keep the records required by this
chapter.
   (3) The licensee (A) permits fraud or engages in fraudulent
practices either with reference to  an applicant for a driver's
license or an all-terrain vehicle safety certificate or the
department, or (B) induces or countenances fraud or fraudulent
practices on the part of any applicant.
   (4) The licensee fails to comply with this chapter or regulation
or requirement of the department adopted pursuant thereto.
   (5) The licensee represents himself or herself as an agent or
employee of the department or uses advertising designed to create the
impression, or that would reasonably have the effect of leading
persons to believe, that the licensee is in fact an employee or
representative of the department; or the licensee makes an
advertisement, in any manner or by any means, which is untrue or
misleading and that is known, or which by the exercise of reasonable
care should be known, to be untrue or misleading.
   (6) The licensee, or any employee or agent of the licensee,
solicits driver training or instruction or all-terrain vehicle safety
instruction in, or within 200 feet of, an office of the department.

   (7) The licensee is convicted of violating Section 14606, 20001,
20002, 20003, 20004, 20006, 20008, 23103, 23104, 23152, or 23153 of
this code or subdivision (c) of Section 192 of the Penal Code.  A
conviction, after a plea of nolo contendere, is a conviction within
the meaning of this paragraph.
   (8) The licensee teaches, or permits a student to be taught, the
specific tests administered by the department through use of the
department's forms or testing facilities.
   (9) The licensee conducts training, or permits training by any
employee, in an unsafe manner or contrary to safe driving practices.

   (10) The licensed school owner or licensed driving school operator
teaches, or permits an employee to teach, driving instruction or
all-terrain vehicle safety instruction without a valid instructor's
license.
   (11) The licensed school owner does not have in effect a bond as
required by Section 11102.
   (12) The licensee permits the use of the license by any other
person for the purpose of permitting that person to engage in the
ownership or operation of a school or in the giving of driving
instruction or all-terrain vehicle safety instruction for
compensation.
   (13) The licensee holds a secondary teaching credential and
explicitly or implicitly recruits or attempts to recruit a pupil who
is enrolled in a junior or senior high school to be a customer for
any business licensed pursuant to this article that is owned by the
licensee or for which the licensee is an employee.
   (b) In the interest of the public's safety, as determined by the
department, the department may immediately suspend the license of any
licensee for any alleged violation under this chapter and shall
conduct a hearing of the alleged violation within 30 days of the
suspension.
  SEC. 5.  Section 11202.5 of the Vehicle Code is amended to read:
   11202.5.  (a) The department shall license traffic violator school
operators.  No person  may act as a traffic violator school operator
without a currently valid license issued by the department.  Every
person, in order to qualify as a traffic violator school operator,
shall meet all of the following criteria in order to be issued a
traffic violator school operator's license:
   (1) Have not committed any act which, if the applicant were
licensed as a traffic violator school operator, would be grounds for
suspension or revocation of the license.
   (2) Within three attempts, pass an examination that the department
requires on traffic laws, safe driving practices, operation of motor
vehicles, teaching methods and techniques, traffic violator school
statutes and regulations, and office procedures and recordkeeping.
   (3) Be 21 years of age or older.
   (4) Have worked for an established California traffic violator
school, an established California driving school licensed under
Chapter 1 (commencing with Section 11100) of Division 5, or an
established commercial driving training and education program
operated by a bona fide labor organization as an instructor for a
period of not less than 500 hours of actual in-class instruction.
   (b) Paragraph (4) of subdivision (a) does not apply to a traffic
violator school operator validly licensed prior to January 1, 1987.
   (c) All the qualifying requirements specified in this section
shall be met within one year from the date of application for the
license or the application shall lapse.  However, the applicant may
thereafter submit a new application upon payment of the required fee.

  SEC. 6.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
